The central legal point established is that the power to transfer subordinate ranks under the Chhattisgarh Police Act lies with the Police Establishment Board as per Section 22, and not with the Inspector General of Police.

JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. R.M.Solapurkar, learned Government Advocate for the appellants. Also heard Mr. Abhishek Pandey, learned counsel for the respondent.

2. This appeal is directed against the order dated 23.09.2021 passed by the learned Single Judge in Writ Petition (S) No. 4258 of 2021 allowing the writ petition by setting aside the order of transfer dated 25.03.2021 on the ground that the Inspector General of Police (Intelligence), who issued the transfer order, was not the competent authority to transfer the writ petitioner, Inspector, from Special Branch, Korba to Special Branch, Gaurela-Pendra-Marwahi.

3. The specific case of the writ petitioner is that it is only the Police Establishment Board (for short, Board) constituted under the provisions of Section 22 of the Chhattisgarh Police Act, 2007 (for short, the Act) who is competent to transfer subordinate ranks up to the level of Inspector from one Zone or Range or District to another.

4. The stand taken by the State/appellants in the writ petition is noted by the learned Single Judge in paragraphs 6, 7 and 8 is as follows:

“6. The State counsel on the other hand tried to submit that under the Chhattisgarh Police Act the Police Establishment has been divided into different Police Zones taking into consideration the Geographical factors. Under Section 4 of the Act, each of the Police Zones were to be headed by an officer of the rank of Inspector General of Police. Same section further envisages that the Inspector General would also have the administrative powers in the respective zone headed by him. Learned State counsel further tried to canvas that once when the Inspector General has been vested with the administrative powers on the personnel in the zone, it includes the power of the said authority to transfer a police personnel from one place to another within the zone.

7. Learned counsel for the respondent further submitted that since the Intelligence wing is directly under the control of the Intelligence Department in the State, therefore it is construed as one zonal body and in that backdrop the administrative head would be the Additional Director General of Police, who has passed the impugned order and therefore the impugned order does not warrant any interference at this stage.

8. The learned State counsel further tried to submit that the order has been made under administrative reasons and exigencies in as much as there were large number of complaints received against the petitioner and therefore for the better administration of the establishment, the petitioner has been transferred from Korba to Gourela-Pendra- Marwahi and for this reason also the High Court should not interfere with the order of transfer.”

5. Sub-section (3) of Section 1 of the Act provides that the Act extends to the whole of the State of Chhattisgarh and to the police officers of the State of Chhattisgarh deployed even outside the State. ‘Police Officer’ is defined under Section 2(h) of the Act to mean any member of the Police Force appointed under the Act or appointed before the commencement of the Act for the State and also includes the members of the Indian Police Service or members of any other police organisation on deputation to the State Police, serving for the State and persons appointed under Section 9 or 10 of the Act.

6. Section 9 and Section 10 of the Act provide for appointment of Special Police Officers and Additional Police Officers, respectively. Special Police Officers may be appointed subject to the rules prescribed in that behalf by the Superintendent of Police by an order in writing for a period as specified in the appointment order and such appointed officer shall have the same powers, privileges and protection and shall be liable to perform the same duties and shall be amenable to the penalties and shall be subordinate to the same authorities, as the ordinary police officers of the police. Under Section 10 of the Act, the State Government, or as the case may